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Mexican Law/Mexican property inheritance

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Question
Dear Mr. Ward,

Thank you for taking my question. My wife, a naturalized U.S. citizen, and her four sisters inherited their parents home in Jalisco, Mexico after the death of their father about four years ago. There was a will leaving the property to the five sisters. One of the sisters was named as the executor of the estate. The sister acting as executor refuses to sell the property and divide the proceeds with her sisters. All of the sisters reside in the U.S.A. It is the wish of the majority of sisters that the property be sold and the proceeds distributed evenly among all five sisters. The sister acting as the executor wants to continue to use the property as a vacation home even though most of the sisters can't or don't want to do this. What can be done to force the sale of the property?

Answer
Hi Robert,

This response is based on Mexican law. To make a long story short, the four sisters must first push the probate process to get the property deeded in the name of the 5 sisters. Once that is done, the four sisters are free to sell their 80% portion but the fifth sister would not be obligated to sell. However, there are ways to force the issue, that is: put strong pressure on the hold out sister to either buy out the other sisters or to sell her interest to the other sisters.

If you want any more direction as to how to proceed in Mexico in this matter, you can write to me at: johnleeward@buholegal.com  If you write, please indicate whether the will was executed in the United States or in Mexico.

Hope this helps...

John Lee Ward
Córdoba, Veracruz

Mexican Law

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John Lee Ward

Expertise

I can respond to any question related to Mexican Law and common business practices in Mexico. I can also compare and contrast between the American and Mexican legal systems.

Experience

Licenciatura en Derecho from the Universidad del Golfo en Cordoba, Veracruz. (Cedula Profesional No. 5713238) Maestria en Derecho from the Universidad de Cristobal Colon en Veracruz, Veracruz. (Cedula Professional No. 6358321) Currently a Candidate for a Doctorado en Derecho from the Universidad de Cristobal Colon. 5 years of litigation experience in Mexico.

Education/Credentials
Bachelors in Electronic Engineering, California Polytechnic State Univ. Juris Doctor, Concord University in Los Angeles Licenciatura en Derecho, Universidad del Golfo, Mexico Maestria en Derecho, Universidad de Cristobal Colon, Mexico Doctorado en Derecho (In Progress), Universidad de Cristobal Colon, Mexico

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